BILL NUMBER: AB 155	CHAPTERED  10/10/99

	CHAPTER   820
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   MAY 20, 1999

INTRODUCED BY   Assembly Member Migden
   (Coauthors:  Assembly Members Aroner, Calderon, Cardoza, Cedillo,
Corbett, Gallegos, Honda, Keeley, Knox, Kuehl, Longville, Mazzoni,
Romero, Shelley, Steinberg, Thomson, Washington, and Wildman)
   (Coauthors:  Senators Burton, Perata, Solis, and Vasconcellos)

                        JANUARY 15, 1999

   An act to add and repeal Section 14007.9 of the Welfare and
Institutions Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 155, Migden.  Public social services.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services, pursuant to
which medical benefits are provided to public assistance recipients
and certain other low-income persons.
   This bill would , until April 1, 2005, and subject to the receipt
of federal financial participation, require the department to adopt a
federal option under which any employed individual whose countable
income, determined by criteria specified in the bill, does not exceed
250% of the federal poverty level and who is disabled for specified
purposes, shall be eligible for benefits under the Medi-Cal program,
subject to the payment of premiums.
   Because counties are required to make Medi-Cal eligibility
determinations and this bill would expand Medi-Cal eligibility, the
bill would create a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14007.9 is added to the Welfare and
Institutions Code, to read:
   14007.9.  (a) The department shall adopt the option made available
under Section 1902(a)(10)(A)(ii)(XIII) of the federal Social
Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(ii)(XIII).  In order to
be eligible for benefits under this section, an individual shall be
required to meet all of the following requirements:
   (1) His or her net countable income is less than 250 percent of
the federal poverty level for one person or, if the deeming of
spousal income applies to the individual, his or her net countable
income is less than 250 percent of the federal poverty level for two
persons.
   (2) He or she is disabled under Title II of the Social Security
Act (Subch. 2 (commencing with Sec. 401), Ch. 7, Title 42 U.S.C.),
Title XVI of the Social Security Act (Subch. 16 (commencing with Sec.
1381), Ch. 7, Title 42, U.S.C.), or Section 1902(v) of the Social
Security Act (42 U.S.C. Sec.  1396a(v)).  An individual shall be
determined to be eligible under this section without regard to his or
her ability to engage in, or actual engagement in, substantial
gainful activity, as defined in Section 223(d)(4) of the Social
Security Act (42 U.S.C. Sec. 423(d)(4)).
   (3) Except as otherwise provided in this section, his or her net
nonexempt resources, which shall be determined in accordance with the
methodology used under Title XVI of the federal Social Security Act
(42 U.S.C.  Sec. 1381 et seq.), are not in excess of the limits
provided for under those provisions.
   (b) (1) Countable income shall be determined under Section 1612 of
the Social Security Act (42 U.S.C. Sec. 1382a), except that the
individual's disability income, including all federal and state
disability benefits and private disability insurance, shall be
exempted.  Resources excluded under Section 1613 of the Social
Security Act (42 U.S.C. Sec. 1382b) shall be disregarded.
   (2) Resources in the form of employer or individual retirement
arrangements authorized under the Internal Revenue Code shall be
exempted as authorized by Section 1902(r) of the Social Security Act
(42 U.S.C. Sec. 1396a(r)).
   (c) Medi-Cal benefits provided under this chapter pursuant to this
section shall be available in the same amount, duration, and scope
as those benefits are available for persons who are eligible for
Medi-Cal benefits as categorically needy persons and as specified in
Section 14007.5.
   (d) Individuals eligible for Medi-Cal benefits under this section
shall be subject to the payment of premiums determined under this
subdivision.  The department shall establish sliding-scale premiums
that are based on countable income, with a minimum premium of twenty
dollars ($20) per month and a maximum premium of two hundred fifty
dollars ($250) per month, and shall, by regulations, annually adjust
the premiums.  Prior to adjustment of any premiums pursuant to this
subdivision, the department shall submit a report of proposed premium
adjustments to the appropriate committees of the Legislature as part
of the annual budget act process.
   (e) The department shall adopt regulations specifying the process
for discontinuance of eligibility under this section for nonpayment
of premiums for more than two months by a beneficiary.
   (f) In order to implement the collection of premiums under this
section, the department may develop and execute a contract with a
public or private entity to collect premiums, or may amend any
existing or future premium-collection contract that it has executed.
Notwithstanding any other provision of law, any contract developed
and executed or amended pursuant to this subdivision is exempt from
the approval of the Director of General Services and from the Public
Contract Code.
   (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement, without taking any regulatory action,
this section by means of an all-county letter or similar instruction.
  Thereafter, the department shall adopt regulations in accordance
with the requirements of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.
   (h) Notwithstanding any other provision of law, this section shall
be implemented only if, and to the extent that, the department
determines that federal financial participation is available pursuant
to Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396
et seq.).
   (i) Subject to subdivision (h), this section shall be implemented
commencing April 1, 2000.
   (j) This section shall become inoperative on April 1, 2005, and as
of January 1, 2006, is repealed, unless a later enacted statute that
is enacted on or before January 1, 2006, extends or deletes the
dates on which it becomes inoperative and is repealed.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
